Judge: No official ban on Confide app, but lawsuit against Greitens' use continues

Missouri Gov. Eric Greitens delivers the annual State of the State address to a joint session of the House and Senate, Wednesday, Jan. 10, 2018, in Jefferson City, Mo. (AP Photo/Jeff Roberson)

ST. LOUIS (KMOV.com) -- Friday afternoon, a Missouri judge refused to issue an order that would stop Governor Eric Greitens' office from using Confide, a secretive app that deletes texts once they are read.

But that may not be the end of the controversy.

Two St. Louis county lawyers filed a lawsuit in December of 2017 against the governor and his office claiming the use of Confide violates Missouri's open records law, known as the Sunshine Law.

Friday they told News 4 a judge denied their request for a restraining order, but say it was clear the judge was troubled by their claims.

The lawyers say since the Confide app's purpose is to destroy records, it violates the Sunshine Law.

Since reports of the governor's use of Confide broke, a number of his staffers have deleted the app, according to the Kansas City Star.e

The governor's attorneys have argued that there is no proof the staff have used the app to conduct public business.

The lawsuit is still moving forward, just without the restraining order.

Also still ongoing is an inquiry into the governor's use of Confide by Missouri Attorney General Josh Hawley.

“I am confident we will get the information we need and if we can't, then we will make that known. If we do not receive cooperation and can't get the information we need, we will make that known," Hawley said.

At the same time, Hawley’s office has stated they are working with lawmakers and the Missouri Press Association to make changes to Missouri's open records laws. He says at some point, Missouri’s records laws may need to be updated to deal with advances in technology, like the Confide app.